Kelley v. City of Marion
Indiana Supreme Court
From Howard Superior Court-; H. J. Paulus, Judge. Action by Francis Kelley against the city of Marion, From a judgment in favor of defendant, plaintiff appeals.
1Opinion of the CourtMonks, C. J.
— In the improvement of one of its streets appellee was constructing a driveway across a sidewalk to a lot east of and adjoining a lot owned by appellant in such a manner that it curved eighteen inches to the west in front of appellant’s lot in crossing said sidewalk. Appellant brought this action against appellee to enjoin the construction of any portion of said driveway in front of his lot and for damages. Appellee’s demurrer for want of facts was sustained to the complaint, and, appellant refusing to plead further, judgment was rendered against him on demurrer.
It is insisted by appellant…
2Cases cited2 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. NoftsgerIndiana Supreme Court · 1897
- Erwin v. Central Union Telephone Co.Indiana Supreme Court · 1897
3Cited by1 opinion
- Mitchell v. City of PeruIndiana Supreme Court · 1904